Smart cities use information and communication technologies (ICTs) to scale services include utilities and transportation to a growing population. In this paper, we discuss how smart city ICTs can also improve healthcare effectiveness and lower healthcare cost for smart city residents. We survey current literature and introduce original research to offer an overview of how smart city infrastructure supports strategic healthcare using both mobile and ambient sensors combined with machine learning. Finally, we consider challenges that will be faced as healthcare providers make use of these opportunities.

Using Smart City Technology to Make Healthcare Smarter

Digital farming technologies promise to help farmers make well-informed decisions that improve the quality and quantity of their production, with less labour and less impact on the environment. This future, however, can only become a reality if farmers are willing to share their data with agribusinesses that develop digital technologies. To foster trust in data sharing, in Europe the EU Code of Conduct for agricultural data sharing by contractual agreement was launched in 2018 which encourages transparency about data use. This article looks at the EU Code through the lens of literature on trust and contract agreements. We agree with the makers of the EU Code that a contract can make an important contribution to trust relationships as it is needed to mitigate the detrimental effects of power relationships between experts and non-experts. Building on Onora O’Neills perspective to trust, however, we argued that a contract can only be successful in fostering trust when (a) information is comprehended by the more vulnerable party in this relationship who has to sign the contract, (b) the more powerful partner takes responsibility to provide that information, and (c) information is tailored to the information needs of the party signing the contract, even when data are re-used over a longer period. In addition, we think that differences between trust relationships and relationships of accountability, give reason to add to informed consent other more substantive ethical components in a more encompassing code of conduct.

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Trust in farm data sharing: reflections on the EU code of conduct for agricultural data sharing

The fourth industrial revolution is transforming to make the world we live in today digitalization. It is not new to us that various media mentioned big data, artificial intelligence, and cloud computing. The pace of technological developments and how personal data are being processed affects each of us every day and in all sorts of ways in the light of these changes. Legal entities especially which are charge of protection of privacy and personal data, recognize the need for a data protection standards more critical than ever. 

The European Union (hereinafter referred to as EU), is well known as a frontrunner of data protection rules, also has the same problem. Basically, The EU’s data protection standards are based on the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (hereinafter referred to as Convention 108) adapted by the Council of Europe's (hereinafter referred to as CoE), and the 1995 EU Data Protection Directive (hereinafter referred to as Directive) as well as on the respective case law of the European Court of Human Rights (hereinafter referred to as ECtHR) and of the Court of Justice of the European Union (hereinafter referred to as CJEU). Furthermore the General Data Protection Regulation (hereinafter referred to as GDPR) was adopted on April 14, 2016, and entered into force as of May 25, 2018. 

The GDPR replaces and expands the Directive by centralizing powers that were previously reserved to the EU Member States. The GDPR was developed with the goal of providing consistent privacy protections for individuals across the EU, and aims to harmonize privacy laws in the EU by providing the same strong data protections for the entire region. In addition to harmonizing privacy protections across the board, the GDPR broadens the jurisdictional reach of the Directive.

One of the most significant changes in the GDPR is to extend the reach of European data protection laws to business based outside the Union. The GDPR would impact companies around the world, including Chinese companies. For instance, Chinese companies will become subject to the GDPR, if (i) they are based in the EU, (ii) they offer services and/or goods to data subjects in the EU and thereby come into possession of personal data on the EU citizens, (iii) they monitor behavior of data subjects in the EU, or (iv) public international law prescribes application of the EU Member State law. 

The GDPR contains a broad jurisdictional test. There are, however, specific principles under international law to assess when the extraterritorial reach of a state is permissible under international law. Especially, under cloud computing models, data is often processed or stored in multiple jurisdictions, creating overlapping jurisdictions for Chinese-domiciled companies and multinationals, because, cloud computing is a style of computing in which dynamically scalable and often virtualized resources are provided as a service over the Internet. The case of Microsoft Corp. v. United States is a good illustration that the nature of cloud computing systems, certain jurisdictional risks will be unavoidable. 

These computing clouds have grown to include more users across different countries, frequently moving personal data across multiple jurisdictions and inevitably raising concerns over data protection. As legislators in each jurisdiction attempt to pass laws that protect their own constituents, jurisdictional issues arise that threaten the stability of an international cloud computing regime. Even if European Data Protection Authority (hereinafter referred to as DPA) can properly assert jurisdiction over websites and online service providers under the GDPR’s jurisdictional test, it is highly unlikely that a Chinese court would enforce the EU order. Geographic overexpansion will inevitably lead to unenforceability, given that the jurisdiction of the EU data protection authorities does not extend beyond the EU borders. 

Besides, the People’s Republic of China (hereinafter referred to as China, or PRC) does not have a comprehensive data protection framework as that in the EU. There are a few provisions to be found across several regulations that address the issue of data protection. The latest substantial development is the Cyber Security Law (hereinafter referred to as CSL), effective from June 1, 2017. It introduces numerous new rules with regard to online activities and networks in China. The scope of the GDPR and the CSL should also be considered in an analysis of the differences between them. Article 3 of the GDPR makes explicit the fact that a company located outside of the EU can fall within the obligation of the GDPR, thus granting the regulation an extraterritorial effect. In contrast, the principle of cyber sovereignty on which the CSL is based is reflected in the territorial scope of the CSL that is under Article 2 strictly limited to the “territory of the People’s Republic of China.” With such a stark contrast, it can be concluded that companies located solely in China doing business in China and the EU should comply with both the CSL and the GDPR, while companies solely located in the EU would only be bound by the GDPR.

Therefore, this study suggests cross-border cooperation for the EU and China based on above mentioned the notion of the EU data protection law, i.e. the GDPR, and the bilateral agreement such as the Privacy Shield.

A Study on the Extraterritorial Application of the General Data Protection Regulation with a Focus on Computing

The new General Data Protection Regulation (GDPR) was approved on April 27 2016. The GDPR 2016/679 aims to ensure the coherence of natural persons' protection within the European Union (EU), comprising very important innovative rules that will be applied across the EU and will directly affect every Member State. Furthermore, it aims to overcome the existing fragmented regulations and to modernise the principles of privacy in the EU. This regulation will come into force in May 2018, bringing along several challenges for citizens, companies and other private and public organisations. The protection of personal data is a fundamental right. The GDPR considers a ‘special category of personal data’, which includes data regarding health, since this is sensitive data and is therefore subject to special conditions regarding treatment and access by third parties. This premise provides the focus of this research work, where the implementation of the GDPR in health clinics in Portugal is analysed. The results are discussed in light of the data collected in the survey and possible future works are identified.

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Implementation of the general data protection regulation: A survey in health clinics

Personal Data Protection has been among the most discussed topics lately and a reason for great concern among organizations. The EU General Data Protection Regulation (GDPR)is the most important change in data privacy regulation in 20 years. The regulation will fundamentally reshape the way in which data is handled across every sector. The organizations had two years to implement it. As referred by many authors, the implementation of the regulation has not been an easy task for companies. The question we aim to answer in this study is how far the implementation of ISO 27001 standards might represent a facilitating factor to organizations for an easier compliance with the regulation. In order to answer this question, several websites (mostly of consulting companies)were analyzed, and the aspects considered as facilitating are listed in this paper.

How ISO 27001 Can Help Achieve GDPR Compliance

The aim of this study is to set out the new legal framework that has appeared in the European Union following the repealing of the 1995 European Directive on Data Protection on approving the new and significant General Data Protection Regulation (GDPR). This study provides an overview and a more detailed examination of the topic, based on an analysis of the legal framework established by the Directive in 1995 and the regulation proposals of 2012 that emerged in Europe and in the United States, followed by a study of the principal reforms contained in the GDPR of 2016. The study is concluded by identifying the most significant practical applications. The GDPR implies very important new rules that will be applied across the EU and that will directly affect every Member State. Furthermore, its aim is to overcome the existing fragmented regulations and to modernise the principles of privacy in the European Union. The practical and social implications of the GDPR are very significant, as it constitutes...

https://www.tandfonline.com/doi/pdf/10.1080/23753234.2016.1240912

The new European Union General Regulation on Data Protection and the legal consequences for institutions

espanolAl igual que el Internet de la Informacion ha configurado ya la vida social y economica, el «nuevo Internet del Valor», construido sobre la nueva estructura del «Blockchain» y los contratos inteligentes, pasara a formar parte de la actividad de las personas, empresas y Administraciones Publicas. En este estudio se analiza el concepto y la realidad de la denominada «cadena de bloques» o Blockchain, asi como su funcionamiento, con particular atencion a la descripcion general de la operativa del Blockchain, para comprender mejor sus diversas implicaciones y el modo en que afecta e interesa a las personas y entidades. Uno de los ambitos en que el Blockchain ha despertado considerable interes es el legal. Por ello, entre las diversas aplicaciones juridicas del Blockchain, los «smart contracts» merecen un analisis mas detallado, a partir de su propio concepto y mediante la comprension de la evolucion de la contratacion tradicional a la «inteligente». En este sentido, resulta elocuente abordar el funcionamiento de tales «smart contracts», para seguidamente valorar sus funciones adicionales, los diversos usos ya actuales y posibles de los contratos inteligentes, asi como los beneficios inherentes este nuevo modo de comprender la contratacion inteligente. A nuestro juicio, los «smart contracts» de gran potencial para el sector privado poseen mayores repercusiones e implicaciones legales en la Administracion Publica, con una progresiva sustitucion y mejora de los procedimientos tradicionales por procedimientos inteligentes, con la innovacion y eficiencia, ademas del amplio beneficio, que ello podria comportar en general. Asimismo, en aquellos espacios juridicos en los que la comunicacion y relacion legal entre dos o mas partes, ya sean personas fisicas vivas o maquinas, los contratos inteligentes podran mejorar y potenciar mayor veracidad, seguridad, rapidez y reduccion de costes temporales y economicos, con las indudables ventajas que ello comportaria para particulares como empresas y Administraciones publicas. EnglishJust as the Internet of Information has already shaped social and economic life, the «new Internet of Value», built on the new «Blockchain» structure and intelligent contracts, will become part of the activity of people, companies and Public Administrations . This study analyzes the concept and reality of the so-called Block-chain, as well as its operation, with particular attention to the general description of Blockchain operations, in order to better understand its various implications and the way in which it affects the It interests people and entities. One of the areas in which the Blockchain has aroused considerable interest is the legal one. Therefore, among the various legal applications of Blockchain, smart contracts deserve a more detailed analysis, based on their own concept and by understanding the evolution of traditional to «intelligent contracting». In this sense, it is eloquent to address the operation of such smart contracts, to then assess their additional functions, the various current and possible uses of smart contracts, as well as the inherent benefits of this new way of understanding intelligent contracting. In our opinion, the «smart contracts» of great potential for the private sector have greater repercussions and legal implications in the Public Administration, with a progressive substitution and improvement of the traditional procedures by intelligent procedures, with innovation and efficiency, in addition to the wide benefit, that this could behave in general. Likewise, in those legal spaces in which the communication and legal relationship between two or more parties, whether they are living physical persons or machines, intelligent contracts can improve and enhance greater veracity, safety, speed and reduction of temporary and economic costs, with the undoubted advantages that this would entail for individuals such as companies and public administrations.

Efrén Díaz Díaz

Papers

The new European Union General Regulation on Data Protection and the legal consequences for institutions

Una aplicación jurídica del "Blockchain": los "smart contracts"

Una aplicación jurídica del «Blockchain»: los «Smart Contracts»